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PWP Cover Page.Pub The EU, Civil Society and Conflict Transformation in Western Sahara: The Failure of Disengagement MICROCON Policy Working Paper 13 Hakim Darbouche and Silvia Colombo June 2010 Correct citation: Darbouche, H. and Colombo, S. 2010. The EU, Civil Society and Conflict Transformation in Western Sahara: The Failure of Disengagement. MICROCON Policy Working Paper 13, Brighton: MICROCON. First published in 2010 © Hakim Darbouche and Silvia Colombo 2010 ISBN 978 1 85864 932 3 Cover photo: Smara refugee camp, Tindouf. © Paulo Nunes dos Santos. For further information, please contact: MICROCON: A Micro Level Analysis of Violent Conflict, Institute of Development Studies at the University of Sussex, Brighton BN1 9RE Tel: +44 (0)1273 872891 Email: [email protected] Web: www.microconflict.eu The EU, Civil Society and Conflict Transformation in Western Sahara: 1 The Failure of Disengagement Hakim Darbouche2 and Silvia Colombo3 MICROCON Policy Working Paper 13 Abstract: The protracted Western Sahara dispute, which has for over three decades pitted Morocco against the Sahrawi independentistas of the Polisario Front, epitomises the impotence of state-led conflict resolution efforts. The European Union (EU) has voluntarily remained withdrawn from the processes of transformation of this southern neighbourhood conflict, unable to surpass the politics of its inherent inter-governmentalism. This paper examines the alternative role played by local civil society organisations (CSO) in the transformation of the Western Sahara conflict. It analyses the input of a methodologically-informed selection of Moroccan and Sahrawi CSOs with a view to identifying the potential of more effectual EU involvement in the dispute, notably through cooperation with the relevant CSOs. The findings of this study point to the overwhelmingly fuelling role played by local CSOs in this particular conflict, but identify ways in which more peace-building civil actors could be empowered by the EU. These CSOs are often of grass-root origins with little or no links to the establishments on both sides of the conflict. 1 The authors are grateful to Jacob Mundy for his comments on an earlier draft. They also thank for their feedback all participants to the MICROCON workshop organised by IAI in Rome on 19 June 2009. 2 Europe in the World Centre, University of Liverpool. Email: [email protected]. 3 Istituto Affari Internazionali, Rome. Email: [email protected]. 1 1. Introduction “Africa’s last colony”, “the forgotten conflict” of the (western) Mediterranean, and the “frozen conflict” on the European Union’s southern neighbourhood are but the most common objective euphemisms for the Western Sahara dispute, which for more than three decades has pitted the kingdom of Morocco against the Sahrawi nationalist movement, incarnated by the Frente Popular para la Liberación de Saguiat El Hamra y de Rio de Oro (the Polisario Front). For ninety years after the Berlin Conference of 1884, Western Sahara – a stretch of desert land roughly the size of Britain – was under Spanish colonial rule. During this period, a succession of Franco-Spanish treaties delineated the territory’s contemporary international borders (Omar 2008: 43). However, the failure of the outgoing Franco regime to uphold the right of the indigenous Sahrawi people to self-determination in 1975/6, as stipulated by UN deliberations from 1965, and the instinctive expansionist claims of the Alaouite regime in Morocco, led to a prolonged confrontation typical of any tale of botched decolonisation. Between 1965 and 1973, the UN General Assembly adopted eight resolutions calling on the administering power to “take all necessary measures” to ensure the overdue decolonization of what was then commonly referred to as the “Spanish Sahara” (Theofilopoulou 2006). When Spain finally decided in 1974 to organize a referendum on self-determination for the Sahrawi people, the prospect of independence for this “Non-Self-Governing Territory” was deemed unacceptable by Morocco’s late king Hassan II. In response, Morocco sought legal advice from the International Court of Justice (ICJ) by way of confirming that its “southern provinces” were not terra nullius prior to Spanish colonization. Though in its Advisory Opinion of 16 October 1975 the ICJ held that legal ties of allegiance between Moroccan sultans and some Sahrawi tribes had existed, it confirmed that these were insufficient to establish historical and legal ties of territorial sovereignty between Western Sahara and the kingdom of Morocco.4 Having interpreted the Court’s recognition of the existence of tribal allegiance in his favour, King Hassan decided shortly afterwards to command 350,000 4 See ‘Western Sahara: Advisory opinion of 16 October 1975’, available at: http://www.icj- cij.org/docket/files/61/6195.pdf?PHPSESSID=f8c21767d912633ed2c0ee0d0f4c65e8 (accessed 8 November 2009). 2 civilians and 80,000 troops to march into Western Sahara in what was dubbed “the Green March” (Maghraoui 2003). Consequently, what was clearly for Morocco a symbolic attempt at recovering the territory amounted to a declaration of war for the indigenous pro-independence movement and a grave provocation for the Sahrawis’ main regional ally, Algeria. This violation of the regional order by Morocco was exacerbated by Spain’s decision, with US complicity, to duck out of its responsibility by secretly concluding in Madrid in November 1975 a deal with Morocco and Mauritania, which de facto transferred administrative powers over the territory to these two countries (Mundy 2006). In the war that ensued, the Polisario army scored important early successes, notably in forcing Mauritania to relinquish its territorial claims to the southern parts of Western Sahara in 1979, and imposing itself on the Moroccan regime as an inevitable interlocutor for any ceasefire or peace negotiations (Zoubir 1990). Indeed, bilateral talks began in 1988 and culminated in a UN- brokered ceasefire in 1991. Though withdrawn militarily as a result of the successful erection by Morocco of an effective defensive wall (“the Berm”),5 which consolidated its control of around 80% of the territory, the Polisario engaged in these negotiations from a relatively strong diplomatic position. Its de facto Saharan Arab Democratic Republic (SADR) had been recognized by over seventy countries and, most importantly, granted full-membership status by the Organization of African Unity (OAU) in 1984, leading to Morocco’s voluntary withdrawal from that organization. Meanwhile, no state has recognized the kingdom’s proclaimed sovereignty over Western Sahara (ICG 2007a). From 1991 onwards, the UN Security Council became firmly seized by the Western Sahara question and sought its resolution through the organization of a “free and fair referendum” on self-determination, to which both parties had agreed. To this end, it mandated a UN mission (Mission des Nations Unies pour l’Organisation d’un Référendum au Sahara Occidental, MINURSO) to inter alia identify eligible voters in both the occupied territories and the Sahrawi refugee camps of Tindouf, in southwest Algeria, where tens of thousands of Sahrawis (est. 160,000) opposed to Moroccan occupation had fled since the start of hostilities (San Martín and 5 See Appendix 1. 3 Allan 2007). It was this daunting task, however, that proved detrimental to the peace process in Western Sahara, as all UN-sponsored peace “plans”, from the Settlement Plan of 1991 to James Baker’s Plans I (2001) and II (2003),6 turned into battles between the protagonists over the modalities of the elusive referendum. More recently, in an apparent attempt to break the resulting deadlock, the Moroccan regime has put forward a “historic proposal” for autonomy in Western Sahara,7 which it considers the only acceptable basis for further talks with the Polisario. For the latter, however, Morocco’s calculated overture is considered a non-starter as it intrinsically excludes the option of independence.8 This has meant that the five rounds of UN-sponsored talks between the two parties in 2007-2009 since the emergence of this nouvelle donne have yielded no tangible results (San Martín et al. 2006; Ruiz-Miguel 2007; Darbouche and Zoubir 2008). In light of the stubborn protraction of the impasse, Polisario leaders have recently ratcheted up their bellicose rhetoric, warning that force seems to be the only means by which they can achieve their self-determination objective. The Western Sahara conflict has predominantly featured state actors, including the Polisario Front and its de facto SADR government-in-exile. Regionally, the main protagonists have been Morocco, Algeria, Mauritania and Libya, while core international players have included Spain, France and the United States. As such, the role played in this conflict by CSOs, if any, has had little visibility. The aim of this paper is to investigate the role played by local CSOs in the transformation of the Western Sahara conflict. It will do so with the additional aim of identifying how the EU could be more effectively involved in the dispute, in particular through cooperation with relevant local CSOs. To this end, eight CSOs from each side of the conflict (Morocco and Western Sahara) are examined, with a view to analysing a) their activities; b) their impact on conflict transformation; 6 The former US Secretary of State was nominated personal envoy of the UN Secretary General Kofi Annan to the conflict between 1997 and 2004. For details on his proposed peace plans, see (Solà-Martín 2007). 7 ‘Moroccan
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